BGH decides: Repayment of inadmissible account fees threatens!

BGH decides: Repayment of inadmissible account fees threatens!

Berlin, Deutschland - The Federal Court of Justice (BGH) negotiates in Berlin on June 3, 2025 on the repayment of inadmissible account fees. This negotiation goes back to a lawsuit by the consumer advice centers against the Berlin Sparkasse. The central question that the BGH has to clarify concerns the requirements under which consumers are entitled to repayment of ineffective fees, as well as the limitation periods of these claims. In an earlier judgment, the BGH had already decided that clauses, which determine the automatic consent of customers to change the account fees, are ineffective.

Almost 1,200 customers have joined the lawsuit. A particularly controversial point is the so -called approval fiction, which states that the consent of customers to increase fees is accepted as given if they do not object within a specified period. This procedure is now being put to the test.

relevant reimbursement claims

The judgment of the BGH has far -reaching consequences for many bank customers. Consumers can reclaim money in particular if their account contracts are based on an ineffective consent fiction clause and they have not given active approval to the price increase. It is important that the reimbursement claims are not time -barred, which is handled differently depending on the case law. The Federal Consumer Center sees a limitation period of ten years, while the Trier district court found approval of a ten -year limitation period. In contrast, the Berlin Chamber Court decides on a three -year limitation period.

Especially for the approximately 1,200 affected Sparkasse customers affected, this means that they can claim claims for the past ten years. However, banks could refuse claims for a period of seven years; However, the recovery for the past three years is definitely possible.

practical information on the recovery

customers who want to perceive their rights can set a written letter of claim. In this document, you should ask the bank to reimburse the account fees that are illegal to you. Individual points that should be taken into account in the letter include the claim for a complete remuneration since the account was opened and the reference to the ineffective clause of automatic approval. The BGH judgment of April 27, 2021 makes it clear that certain general terms and conditions are inadmissible and therefore can be reclaimed that are based on it.

Despite the legal foundations, it is advisable to determine a deadline for the feedback or reimbursement of 14 calendar days and threaten legal steps if there is no feedback. This procedure could be crucial for many of those affected to enforce their rights effectively.

The BGH's today's judgment could thus have a trend -setting influence on the practices of banks and savings banks with regard to the fee regulations and at the same time strengthen consumer rights in Germany.